A drink-driver doing a burn out on a residential street with children in his car, angered a local who took to him with a tyre iron. Photo/123RF
When a drink-driver with children in his car did a burn-out in a residential Whangārei street, a local took to the driver with a tyre iron.
Wiremu Kaihi Rameka, 38, was at his partner's house in Morningside Rd on May 21 last year, when he heard the driver's antics at 4.50pm.
Rameka went outside and yelled at the driver Jimmy Lemon, "f*** off, I've got kids here".
Lemon, who had his partner and two children in the vehicle, just stared at Rameka.
Rameka went to the roadside with a tyre iron and a glass bottle of beer.
As Lemon started to drive away, Rameka threw the bottle at the car but missed. The bottle smashed on the road in front of the car.
Lemon reversed, stopping near Rameka, who walked to the front of the car shouting, "you've got kids in the car".
Lemon drove forwards and stopped on a speed bump where he had started the previous burnout, then got out of the vehicle.
As Rameka raised the tyre iron, Lemon tried to get back in but was struck on the back of the head.
Lemon suffered a 5cm gash that bled instantly and profusely. He drove off but was later taken to hospital.
Rameka initially told police he struck Lemon with his fist – not a tyre iron and suggested he acted in self-defence.
"I told him to f*** off and then [Lemon] jumped out of the car so I went over and gave him a crack and he went to reach in the car and grab something and I just spun around and hit him in the side of the f***en dome."
Lemon jumped out of the vehicle and "stepped me out", Rameka said.
"So I said, yeah f*** you then, come on then, let's f***en go."
But shown a photo of the tyre iron police recovered from a rubbish bin during a search of his partner's house, Rameka said he "panicked and threw it away" and that he "didn't mean to hurt him like that".
He pleaded guilty to wounding with intent to injure after Judge Gene Tomlinson indicated a sentence starting point of 30 months' imprisonment with 20 per cent discount for a guilty plea.
A three-strikes warning was also issued.
Imposing the sentence in Whangārei District Court today, Judge Gene Tomlinson gave Rameka a further six months discount for the six months he spent on electronically monitored bail and a month he spent on remand in custody.
The judge converted the remaining prison term to nine months of home detention and six months standard and special conditions.
He said he understood why Rameka was upset with Lemon and that he felt he was acting for the good of children in the car and in the neighbourhood, but that did not make what he did right.
He did not accept Rameka was acting in self-defence, as it went well beyond what was required.
He was conscious of how dangerous Rameka's actions were for Lemon. The attack to the head was a significant aggravating factor.
Were it not for Rameka's guilty plea and his time on restrictive remand conditions, he would have been jailed for two and a half years.
"That's how serious this is," the judge said.
Lemon's subsequent actions showed Rameka's concerns were valid but whether they were due to the head injury Rameka imposed or because Lemon was drunk, the court would not know, Judge Tomlinson said.
In any event, Lemon had been dealt with severely by the court for offences he committed, the judge said.
He fired a shot which flew past the son's head and through the TV.